AHMEDABAD WOMEN ACTION GROUP AWAG LOK SEVAK SANGH YOUNG WOMEN CHRISTIAN ASSOCIATION YWCA Vs. UNION OF INDIA
LAWS(SC)-1997-2-134
SUPREME COURT OF INDIA
Decided on February 24,1997

LOK SEVAK SANGH,YOUNG WOMEN CHRISTIAN ASSOCIATION,AHMEDABAD WOMEN ACTION GROUP (AWAG) Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Venkataswami, J. - (1.) All these writ petitions are filed as Public Interest Litigation. In W.P. (C) No. 494/96, the reliefs prayed for are as follows:(a) to declare Muslim Personal Law which allows polygamy as void as offending Articles 14 and 15 of the Constitution. (b) to declare Muslim Personal Law which enables a Muslim male to give unilateral Talaq to his wife without her consent and without resort to judicial process of Courts, as void, offending Articles 13, 14 and 15 of the Constitution. (c) to declare that the mere fact that a Muslim husband takes more than one wife is an act of cruelty within the meaning of Clause VIII (f) of Section 2 of the Dissolution of Muslim Marriages Act, 1939. (d) to declare that Muslim women (Protection of Rights on Divorce) Act, 1986 is void as infringing Articles 14 and 15. (e) to further declare that the provisions of Sunni and Shia laws of inheritance which discriminate against females in their share as compared to the share of males of the same status, void as discriminating against females only on the ground of sex.
(2.) In writ Petition (C) No. 496/96, the reliefs prayed for are the following:- (a) to declare Sections 2 (2), 5(ii) and (iii), 6 and Explanation to Section 30 of Hindu Succession Act, 1956, as void offending Articles 14 and 15 read with Article 13 of the Constitution of India: (b) to declare Section (2) of Hindu Marriage Act, 1955, as void offending Articles 14 and 15 of the Constitution of India; (c) to declare Sections 3 (2), 6 and 9 of Hindu Minority and Guardianship Act read with Section 6 of the Guardians and Wards Act void; (d) to declare the unfettered and absolute discretion allowed to a Hindu spouse to make testamentary disposition without providing for an ascertained share of his or her spouse and dependant, void.
(3.) In Writ Petition (C) No. 721/96, the reliefs prayed for are following:- (a) to declare Sections 10 and 34 of Indian Divorce Act void and also to declare Sections 43 to 46 of Indian Succession Act void. ;


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